Bill > H7797

This bill repeals the existing stalking law and enacts a new one, defining stalking as a purposeful course of conduct directed at a specific person that a reasonable person in the victim's circumstances would know would cause them to fear for their safety or the safety of a third person, or suffer significant emotional distress, which is defined as substantial mental suffering that doesn't necessarily require professional treatment. The new law clarifies that a "course of conduct" involves two or more acts, such as following, monitoring, or interfering with a person's property, and it is not a defense that the stalker didn't know the conduct was unwanted or didn't intend to cause fear or distress, though lawful picketing is an exception. Penalties for stalking are established as a felony, with a base penalty of up to five years imprisonment, and an enhanced penalty of up to ten years if aggravating factors are present, such as the victim being a minor, violating a protective order, prior stalking convictions, prior sexual assault convictions, threats of death or serious injury, or causing physical injury, and jurisdiction is established if any part of the conduct occurred or had an effect in the state.